DUI Laws and Penalties

Key points

1. Alcohol over .08 can raise crash risk from 5 up to 30 times.

   Source: Handbook p. 79

   “especially over the legal limit of .08, can increase the likelihood of a crash from 5 times up to 30 times”
   Nevada Driver's Handbook, Handbook p. 79

2. Refusing a test revokes your license for 1 year, or 3 years if you refused in the prior 7 years.

   Source: Handbook p. 79

   “you will not be eligible for a license, permit or privilege to drive for a period of one year for first offense or three years if your driving privilege has been revoked in the prior seven years”
   Nevada Driver's Handbook, Handbook p. 79

3. A test of .08% or more, or any detectable controlled substance, revokes your driving privilege.

   Source: Handbook p. 79

   “if chemical tests show an alcohol concentration of .08% or more or any detectable amount of a controlled substance, your driving privilege will be revoked.”
   Nevada Driver's Handbook, Handbook p. 79

4. You can be arrested and convicted below .08%.

   Source: Handbook p. 79

   “Even though an alcohol concentration of .08% is used as a guide, you can be arrested and convicted with a lower level.”
   Nevada Driver's Handbook, Handbook p. 79

5. A first DUI means at least 185 days revocation, 2 days to 6 months in jail and a $400 to $1,000 fine.

   Source: Handbook p. 80

   “Driver license revoked for a minimum of 185 days which may include the time served in the administrative revocation at the judge’s discretion. Jail sentence of two days to six months or 48 to 96 hours of community service Fine of $400 to $1,000”
   Nevada Driver's Handbook, Handbook p. 80

6. A second DUI within 7 years revokes the license for 1 year.

   Source: Handbook p. 80

   “Second DUI offense within 7 years: Driver license revoked for one year”
   Nevada Driver's Handbook, Handbook p. 80

7. A later DUI within 7 years brings 3 years revocation and 1 to 6 years in prison.

   Source: Handbook p. 80

   “Subsequent DUI offense within 7 years: Driver license revoked for three years which may include the time served in the administrative revocation at the judge’s discretion. Prison sentence of 1 to 6 years”
   Nevada Driver's Handbook, Handbook p. 80

8. Driving with more than 2 nanograms of marijuana per milliliter of blood is unlawful.

   Source: Handbook p. 79

   “with an amount of marijuana or in their system greater than two nanograms per milliliter of blood”
   Nevada Driver's Handbook, Handbook p. 79

Numbers to know

3 questions from the Nevada practice test

1. 1. Under Nevada's Illegal Per Se Law, what alcohol concentration can trigger revocation for a driver who is not under 21?

   1. 0.02% or more
   2. 0.08% or more
   3. 0.04% or more only for a private passenger vehicle
   4. 0.15% only after a collision
   Show answer

   0.08% or more. Nevada's Illegal Per Se rule provides that a chemical test showing an alcohol concentration of 0.08% or more can result in revocation for an adult driver. The 0.02% figure belongs to drivers under 21, while the 0.04% range is identified for commercial license holders in the penalty section. A crash is not required for the administrative action. The practical cue is that the chemical test threshold and court case are separate issues, so a driver should never treat 0.08% as a safe target.

2. 2. What minimum license revocation period does Nevada list for a first criminal DUI offense?

   1. At least five years
   2. At least 30 days
   3. At least 90 days
   4. At least 185 days
   Show answer

   At least 185 days. Nevada lists a minimum license revocation of 185 days for a first DUI offense. The judge may count time from an administrative revocation toward that period, but the minimum listed consequence is still 185 days. Thirty and 90 days understate the handbook's figure, while five years belongs to neither the first-offense rule nor the listed range. When reviewing a DUI question, separate the license action from jail, community service, fines, and DUI school because each consequence has its own figure and condition.

3. 3. For a second Nevada DUI offense within seven years, what license revocation period is listed?

   1. Three years
   2. 185 days
   3. One year
   4. Ten years
   Show answer

   One year. A second DUI within seven years brings a one-year license revocation under Nevada's listed criminal penalties. The 185-day period is associated with a first offense and certain administrative actions, while three years is tied to a subsequent offense or a DUI causing death or serious injury. Ten years is not the stated period. The phrase within seven years matters because the question is testing the repeat-offense category, so a driver should identify both the offense number and the time window before selecting a penalty.

Source: the Nevada Driver's Handbook, Chapter 10: Driving Under the Influence. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.